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ARMY | BCMR | CY2009 | 20090005063
Original file (20090005063.txt) Auto-classification: Denied

		DOCKET NUMBER:  AR20090005063 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 May 1972, to show his service in the summer of 1974 at Camp Guernsey, WY.

2.  The applicant states he recently obtained additional documentation from his employer that shows he was granted a leave of absence to perform annual training in 1974.

3.  The applicant provides a copy of a form letter, dated 26 April 1974, subject:  Request for Training Duty Leave of Absence, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080012891, dated 13 November 2008.

2.  The applicant submitted a copy of an approved request for a leave of absence from his civilian employer which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 19 November 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Field Artillery Crewmember).

4.  The applicant's records show he served in various assignments within and outside continental United States and was honorably released from active duty in the rank/grade of sergeant/E-5 on 25 May 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligation (MSO).

5.  The DD Form 214 he was issued shows he completed 1 year, 6 months, and 7 days of creditable active military service.  It also shows an MSO date of 18 November 1976.

6.  There is no indication that the applicant enlisted in the Regular Army and/or performed any periods of active duty subsequent to his release from active duty on 25 May 1972.

7.  The applicant submitted a copy of a civilian request for a leave of absence from 1 June 1974 to 14 June 1974 for the purpose of Army Reserve annual training.  The request was approved by his civilian employer's department head.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, full-time National Guard duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his period of active duty service from 1 June 1974 to 14 June 1974 should be listed on his DD Form 214.

2.  The evidence of record shows that the applicant requested and was authorized a leave of absence from his civilian employer for the period from 1 June 1974 to 14 June 1974 for the purpose of performing Reserve annual training.  However, there is no evidence that he performed this period of training. 
In any case, this period of active duty service occurred outside the period covered by his DD Form 214 from 19 November 1970 to 25 May 1972.  Furthermore, this period of service was less than 90 days and would not have required the issuance of a separate DD Form 214.

3.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.

4.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080012891, dated 13 November 2008.



      ___________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090005063



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ABCMR Record of Proceedings (cont)                                         AR20090005063



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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